The recent Supreme Court case of Garcetti v. Ceballos is becoming one of the most-used cases in its mere two-year history. It denies to public employees the protection of the First Amendment when speaking in their official duties. In reviewing the cases both leading up to and then relying oh Garcetti, one is struck by the inherent conflict that nowpermeates some school board-employee relationships. Whereas preceding cases attempted to reach a balance between the school board and its employees' speech rights, bad management practices now seem to trump the First Amendment. Such practices have school boards discharging teachers and administrators for speaking out truthfullyon matters of fiscal mismanagement, student discipline, and similar school district problems. In the context of those cases, this Article posits that being seduced by the weapon of Garcetti 's absolute power will create unanticipated and legal consequences to both school boards and the educational institution itself
Susan P. Stuart, Citizen Teacher: Damned If You Do, Damned If You Don't, 76 U. Cin. L. Rev. 1281 (2008).